High court throws out Chisale’s bid to certify case as constitutional matter

The High Court in Lilongwe has dismissed an application by former presidential aide Norman Paul Chisale to have his long-standing criminal case certified as a constitutional matter, ruling that it does not meet the threshold for referral to the Chief Justice.

Chisale, who is facing charges of personation, presenting false information, and intimidation offences allegedly committed between 1996 and 2010, had argued that the 28-year delay in prosecuting the case infringed on his constitutional right to a fair trial. He claimed the delay undermined his right to be tried within a reasonable time and to challenge evidence effectively.

However, in his ruling dated September 2, 2025, Justice Kondwani Banda rejected the plea, noting that while the Courts Act does not explicitly provide a mechanism for magistrates to refer constitutional questions to the Chief Justice, the High Court retains inherent jurisdiction to ensure access to justice. Even so, the judge concluded that Chisale’s matter fell short of constitutional certification.

“The State demonstrated that prosecution only commenced in 2020, and the record shows that the applicant himself contributed to delays by filing numerous applications and appeals,” observed Justice Banda.

He added “Without going much further, upon considering the affidavits of both parties and hearing their submissions, I find the matter not fit to be referred to the Chief Justice for certification as a constitutional matter. For the avoidance of doubt, this application is dismissed with costs.”

Chisale, a close aide to former President Peter Mutharika, has been battling multiple criminal charges since the Democratic Progressive Party (DPP) lost power in 2020.

Reacting to the ruling, his lawyer, Gilbert Khongongwa, told reporters that he is consulting his client on the next course of action.